North Dakota Child Enticement Laws

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North Dakota's child enticement laws address use of a computer or digital mediums to have improper sexual contact with a child.  In order for an individual to be found guilty of the crime of child enticement, it must be proven beyond a reasonable doubt that the following elements are present:

• The adult knows the character and content of a communication that;
• In whole or in part;
• Implicitly or explicitly discusses or depicts actual or simulated nudity, sexual acts, sexual contact, sadomasochistic abuse, or other sexual performances;
• And uses any computer, communication system, or other electronic mediums;
• That allows the input, output, examination, or transfer of data or programs from one computer or electronic device to another to initiate;

Or

• Engage in such communication with a person the adult believes to be a minor; and
• By means of that communication
• The adult entices, invites, or induces a person the adult believes to be a minor
• To engage in sexual acts or to have sexual contact with the adult;
• Or to engage in a sexual performance, obscene sexual performance, or sexual conduct for the adult's satisfaction, lust, passions, or sexual desires.

Penalties for Child Enticement in North Dakota

If a defendant is convicted of child enticement he or she will face the following penalties:

• Found guilty of a class A misdemeanor if the adult younger than 22 and believes the minor child to be between the ages of 15 and 17 and be sentenced to a maximum of two years in prison with a maximum fine of $2,000.
• Found guilty of a class C felony if the adult is younger than 22 and the minor child victim is under the age of 15 and be sentenced to a maximum of 5 years in prison with a maximum fine of $5,000.
• Found guilty of a class B felony if the adult is older than 22 and the minor child is under the age of 15 and be sentenced to no more than 10 years in prison with a maximum fine of $10,000.

Both class B and C felonies require that the defendant serve at least one year of his or her prison sentence.  The defendant will also have to register as a sex offender with the state.

Defense of Child Enticement in North Dakota

There are a number of defenses that may be asserted by the defendant that is being charged with online child enticement:

• Involuntary intoxication
• Mental disease or defect that has the effect of rendering the person unable to exercise sound judgment
• Duress due to the threat of or use of unlawful force.

Attempted Child Enticement in North Dakota

A person can be found guilty of attempted child enticement if they take a step to commit the crime with the intent of committing the crime.  The step must strongly show that the defendant would have completed the crime of child enticement if they could have.  This most often will occur in the situation where a defendant acts with intent to entice a minor that actually is a law enforcement officer.  The penalty for attempt will be the same as if the defendant actually committed the crime.       

 When to Talk to a Lawyer     

Speaking to attorney as soon as you realize you are being charged with online child enticement is of the utmost importance if you are seeking to protect your rights and defenses.  Only a licensed attorney in your state can provide you with the sound legal advice you will need.